fund doctrine in Louisiana

2002Ciaccio (retired), Fourth Circuit Court of Appeal, is serving as judge pro tempore by special appointment of the Louisiana Supreme Court. [2] We further note that this litigation was not a class action wherein notice would have been statutorily mandated by LSA-C.C.P. art. 594(A)(2). [3] Relying upon two out-of-state cases, Hagge v. Iowa Department of Revenue and Finance, 539 N.W.2d 148, 152 (Iowa 1995), and Oklahoma Tax Commission v. Ricks, 885 P.2d 1336 (Okla.1994), the Department additionally argues that the fund doctrine cannot be applied to tax refund cases.

2000Bower, 618 So.2d at 604 .

1990Attorneys' fees should be paid out of a common fund when "(1) the important right being protected is one actually or necessarily shared by the general public or some class thereof; (2) the plaintiff's pecuniary interest in the outcome, if any, would not normally justify incurring the cost of counsel; and (3) shifting that cost to the defendant would effectively place it on a class that benefits from the litigation." Marshall, J., dissent, Alyeska, supra, 421 U.S. at 285 , 95 S.Ct. at 1635 .

1990Attorneys' fees should be paid out of a common fund when "(1) the important right being protected is one actually or necessarily shared by the general public or some class thereof; (2) the plaintiff's pecuniary interest in the outcome, if any, would not normally justify incurring the cost of counsel; and (3) shifting that cost to the defendant would effectively place it on a class that benefits from the litigation." Marshall, J., dissent, Alyeska, supra, 421 U.S. at 285 , 95 S.Ct. at 1635 .

1990The basis for this rule is the principle against unjust enrichment: "persons who *979 obtain the benefit of a lawsuit without contributing to its cost are unjustly enriched at the successful litigant's expense." Boeing Co. v. Van Gemert, 444 U.S. 472, 478 , 100 S.Ct. 745, 749 , 62 L.Ed.2d 676 (1980).

1990The basis for this rule is the principle against unjust enrichment: "persons who *979 obtain the benefit of a lawsuit without contributing to its cost are unjustly enriched at the successful litigant's expense." Boeing Co. v. Van Gemert, 444 U.S. 472, 478 , 100 S.Ct. 745, 749 , 62 L.Ed.2d 676 (1980).

1982After a learned discussion of the law, the court concluded that: Plaintiffs have relied on Broussard, Broussard & Moresi, Ltd., v. State Auto & Casualty Underwriters, 287 So.2d 544 (La.App. 3rd Cir. 1973), writ ref., 290 So.2d 908 (La. 1974), and it is indeed, the only jurisprudence in Louisiana favorable to their position.

1982After a learned discussion of the law, the court concluded that: Plaintiffs have relied on Broussard, Broussard & Moresi, Ltd., v. State Auto & Casualty Underwriters, 287 So.2d 544 (La.App. 3rd Cir. 1973), writ ref., 290 So.2d 908 (La. 1974), and it is indeed, the only jurisprudence in Louisiana favorable to their position.

1977Such cases as Louisiana State Mineral Board v. Albarado, 248 La. 551 , 180 So.2d 700 (1965) and In re Interstate Trust & Banking Company, 235 La. 825 , 106 So.2d 276 (1958), while authority for the proposition that an attorney can occasionally recover from one not his client, involve very unusual circumstances.

1977Such cases as Louisiana State Mineral Board v. Albarado, 248 La. 551 , 180 So.2d 700 (1965) and In re Interstate Trust & Banking Company, 235 La. 825 , 106 So.2d 276 (1958), while authority for the proposition that an attorney can occasionally recover from one not his client, involve very unusual circumstances.

1958It was so regarded by all connected with the litigation.” Due solely to the efforts and industry, of these attorneys in the case of In re Interstate Trust and Banking Company,, 222 La. 979 , 64 So.2d 240 , a fund amounting to more than $700,000 was created and brought into existence, and except for their services none of the depositors would have received any interest on any of their frozen deposits.

1958It was so regarded by all connected with the litigation.” Due solely to the efforts and industry, of these attorneys in the case of In re Interstate Trust and Banking Company,, 222 La. 979 , 64 So.2d 240 , a fund amounting to more than $700,000 was created and brought into existence, and except for their services none of the depositors would have received any interest on any of their frozen deposits.

1958In McGraw v. Andrus, 45 La.Ann. 1073 , 13 So. 630 , 633, Andrus made what purported to- be a cession of property, but did not include all of his property in the schedule of assets and shortly thereafter began to dispose of the withheld property through a third person.

1958In McGraw v. Andrus, 45 La.Ann. 1073 , 13 So. 630 , 633, Andrus made what purported to be a cession of property, but did not include all of his property in the schedule of assets and shortly thereafter began to dispose of the withheld property through a third person.